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Ordinance 2019-02ORDINANCE NO.2019-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING ZONE CHANGE Z18-05 A PLANNED UNIT DEVELOPMENT ZONING AMENDMENT TO APPROVE THE PLANNED UNIT DEVELOPMENT PERMIT FOR CONSTRUCTION OF THE FIRST STREET AND KELTON DRIVE COMMERCIAL PROJECT, FILED BY DONALD VANNI LAND COMPANY WHEREAS, on July 28, 2017, Donald Vanni Land Company, LLC ("Applicant') submitted an application requesting architectural and site review AS 17-25 for a 12,000 square foot commercial development project on a 1.42 acre vacant in -fill site located at the northwest intersection of Kelton Drive and First Street (aka, the Patio), within the C3-PUD zoning district (APN: 790-39-025); and WHEREAS, on December 2, 2017, the application submittal was accepted as complete and environmental review was initiated for preparation of a mitigated negative declaration in compliance with the California Environmental Quality Act; and WHEREAS, pursuant to Gilroy City Code Section 30.26.50 and Section 30.50.50, the Planning Commission and City Council must also approve a planned unit development design permit for the property. The planned unit development design permit must be processed as a zone change before construction of the vacant property within the planned unit development overlay district. Therefore, application Z18-05 has been included as a part of the project and would amend the planned unit development overlay district by establishing the planned unit development design requirements for the project; and WHEREAS, the Mitigated Negative Declaration (MND) prepared for the project has determined that while the proposed project would result in less than significant effects on the environment, the project has been mitigated to a point where no significant effects will occur; and WHEREAS, on July 30, 2018, environmental mitigation measures were agreed to by the applicant, the draft environmental document was published on August 8, 2018 and circulated for public review from August 10, 2018 through September 11, 2018 (State Clearinghouse Number SCH2018082028); and WHEREAS, responses to comments received on the environmental document were prepared, resulting in no changes to the environmental document; and WHEREAS, said planned unit development design permit / zone change application Z18-05 and the related entitlement AS 17-25 were referred to various city departments, including the Technical Advisory Committee, for recommendations and conditions; and WHEREAS, on November 1, 2018, at a duly noticed public hearing the planning commission of the city of Gilroy considered the project MND environmental document, concurrent zone change ORDINANCE NO.2019-02 request Z 18-05, and application AS 17-25 in accordance with the Gilroy Zoning Ordinance Section's 30.50.40, 30.50.41 and 30.50.50, and adopted resolutions 2018-06 and 2018-07 recommending the City Council adopt the MND environmental document and mitigation monitoring and reporting program, and the project zoning entitlements; and WHEREAS, the planned unit development permit Z18-05 incorporates the plans, materials and conditions of the architectural and site plan approval AS 17-25, by reference herein, which serves as the development plan and standards for project construction; and WHEREAS, on December 3, 2018, the City Council of the City of Gilroy considered the staff report along with testimony received at the duly -noticed public hearing and other materials; and WHEREAS, the City Council hereby makes the following findings, adopting the mitigated negative declaration for the First and Kelton Commercial Project (State Clearinghouse number: SCH 2018082028) and mitigation monitoring and reporting program, incorporated herein by reference: 1. Prior to taking action and approving the project the City Council has independently reviewed and considered the initial study/mitigated negative declaration and other information in the record. 2. As documented in the staff report and project record, the initial study/mitigated negative declaration has been prepared in compliance with the California Environmental Quality Act (CEQA) and consistent with the state and local guidelines and thresholds of significance. 3. The initial study/mitigated negative declaration represents the independent judgement and analysis of the City as lead agency for the project. 4. The city of Gilroy Community Development Department, Planning Division, 7351 Rosanna Street, Gilroy, CA 95020 is designated as the custodian for all documents related to this matter, including the mitigated negative declaration environmental document and the mitigation monitoring and reporting program, which is available for review by any interested person; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY HEREBY FINDS AND DOES ORDAIN AS FOLLOWS: SECTION I i) The City Council finds the proposed zone change request for a Planned Unit Development design permit complies with all required findings of Gilroy City Code Section 30.50.50(d) for development plan approval in a PUD. ii) The project conforms to the Gilroy General Plan in terms of general location and standards of development given that the project is consistent with the General Services land use designation as it consists of retail development, has been reviewed for compliance with the general plan, and would substantially implement all applicable policies of the general plan including the following: • 3.13 (Clustering of Commercial Uses), 3.16 (Auto -oriented Commercial Uses), 3.18 (Neighborhood Commercial Uses), and 3.21 (First Street Commercial JH\04706089 66v1 ORDINANCE NO. 2019-02 JH104706089 Development); given that the project provides vehicular and pedestrian access between the site and adjacent Piazza commercial development, provides inviting outdoor spaces and walkways, would not result in strip commercial development, and provides a planned unit development approach with high quality design details proposed for buildings and site planning details, with generous landscape setbacks along the frontage that include a minimum 30 foot setback from First Street, and more than 20-percent of the site area provided for landscaping. • 12.07 (Commercial Driveways), 12.09 (Standard Level of Service), 12.10 (Land Use and Congestion), 12.11 (On -Site Parking), 12.12 (Shared Parking); given that the project would utilize existing shared driveways and would not require any new driveway access, would provide a new traffic signal at First Street and Kelton Drive to mitigate impacts, and would pay impact fees to fund planned traffic improvements to maintain the City LOS C conditions, promotes bicycling to the site, would benefit from pedestrian and pass by trips to the site, and has demonstrated that adequate parking would be provided for the use through the implementation of a shared parking agreement with adjacent property that has been studied and shown to have additional parking capacity. • 14.01 (Non -Auto Modes of Transportation), and 14.05 (Private Development of Bike/Pedestrian Facilities); given that the site is near existing and planned bicycle routes and would include a bicycle repair station and bicycle parking on -site. iii) The project provides the type of development that would fill a specific need of the surrounding area based on the commercial restaurant and retail uses would be consistent with the retail commercial shopping land use designation, and would serve nearby commercial tenants and residents in the area, as well as residents city-wide and regionally that currently drive by the site. iv) The project will not require urban services beyond those that are currently available based on the fact that the site is an urban in -fill site that is readily served from existing City infrastructure including sewer and water connections available at First Street. v) The project provides a harmonious, integrated plan that justifies exceptions, if such are required, to the normal requirements of this ordinance, given that the plan would comply with the underlying C3 zoning district and all applicable zoning standards, and requests no exceptions or deviations. vi) The project reflects an economical and efficient pattern of land uses given that the infill commercial project promotes the retail land use designation and integrates development with adjacent commercial uses through use of shared driveways and access between the properties. Further, the site development intensity responds to site constraints established based on required setbacks, landscaping, storm drainage detention, and parking supply. vii) The project includes greater provisions for landscaping and open space than would generally be required, given that project provides more than 20% of the site as landscaped area, which significantly exceeds the minimum 8% requirement, and includes plazas and outdoor areas for customers to gather, with shade trees provided JH\04706089 66v1 ORDINANCE NO. 2019-02 JH104706089 throughout the site that would contribute to the attractiveness and comfort of site occupants. viii) The project utilizes aesthetic design principles to create attractive buildings and open space areas that blend with the character of surrounding areas, given that the project provides design documents that specify a high design quality for building finishes, materials, landscaping and hardscape areas which will provide a long lasting and durable high quality appearance for the life of the project. This includes landscaping that will provide buffers between development, continuation of existing street tree planting theme along First Street, Kelton Drive and Santa Teresa, and the tenant design and sign criteria that would be apply to the site. ix) The project would not create traffic congestion, noise, odor or other adverse effects on surrounding areas, given that the project does not have any ongoing noise or odor impacts, sufficient and well -designed lighting, and would address increased traffic, as anticipated for the site, through payment of traffic impact fees. Further, a traffic signal will be required to be installed by the developer to maintain acceptable traffic levels of service at First Street and Kelton Drive. x) As proposed and conditioned the site would provide well -designed trash areas, outdoor areas and improvements, landscaping, shared access, and parking through a shared parking agreement. xi) As conditioned by the MND and concurrent application AS 17-25 The parking supply is sufficient based on the following: (1) The detailed parking analysis prepared for the project demonstrated that sufficient excess parking would be available to provide parking for both the new 12,000 square foot retail commercial use and the existing commercial Piazza property, with up to 43 shared parking spaces identified as available on the Piazza property to serve the new development (which requires at least 39 additional spaces off -site to meet the 102 space demand for the project, as proposed). (2) The City standard parking rate requires 186 spaces for the 47,500 square building Piazza building. The City standard for the 12,000 square foot commercial retail and restaurant project would require 102 spaces, which would require a combined total of 288 spaces. (3) The parking study concluded that at peak usage, the Piazza property utilizes only 123 of its 187 spaces; resulting in a combined demand of 225 spaces for both properties. (4) Based on the calculated actual demand on the Piazza property, which shows excess parking is available and sufficient to serve both uses, an agreement would be required and recorded to allow the new development to share up to 43 spaces on the Piazza property (whereas at least 39 additional shared spaces are needed to meet the calculated project demand for 102 spaces). The parking agreement would ensure that combined peak parking demand for uses on both properties would not exceed the 187 spaces on the Piazza property and 63 spaces on the new commercial project site; i.e., combined supply of 256 spaces available on both properties. M04706089 66v1 ORDINANCE NO. 2019-02 JH104706089 SECTION II The planned unit development permit, zone amendment, for First Street and Kelton Drive Commercial Project (APN: 790-39-025) is hereby approved subject to the following conditions: a. The development approval shall be implemented consistent with the plans and materials submitted for concurrent application AS 17-25. b. The approval is subject to all, restrictions and requirements established in Gilroy City Code Section 30.50.26 and 30.50.50 which address modifications, time limits, violations and revocations, and revisions. SECTION III If any section, subsection, subdivision, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise void or invalid by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, subdivision, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses or phrases be declared unconstitutional. SECTION IV Pursuant to section 608 of the Charter of the City of Gilroy, this ordinance shall be in full force and effect thirty (30) days from and after the date it is adopted. PASSED AND ADOPTED by the City Council this 7 h day of January, 2019 by the following vote: AYES: COUNCILMEMBERS: BLANKLEY, BRACCO, LEROE- MUNOZ, MARQUES, TOVAR, TUCKER and VELASCO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ATTEST: ia'�reels Ci Clerk Roland Masco, Mayor 4851-9352-30660 JH104706089 ORDINANCE NO. 2019-02 I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2019-02 is an original ordinance, or true and correct copy of a City ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 7th day of January, 2019, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 8th day of January, 2019. C iP i Shawna Freels, MMC City Clerk of the City of Gilroy (Seal)